Investment Management and Securities Industry
Publications of Interest
LawFlash/Client Alert | Investment Management FYI
Investment Management Practice
The Securities and Exchange Commission (SEC) voted unanimously on November 19 to improve mutual fund disclosure by requiring funds to provide investors with a “summary prospectus” written in plain English that presents the key ... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
Presentation | Speech
John Ayanian,
Jennifer Klass
Presentation | Speech
Christopher Weals,
Daniel Kleinman,
Jennifer Klass,
Craig Bitman,
Thomas Hogan
LawFlash/Client Alert | Financial Crisis Impact and Analysis Alert
Investment Management Practice
This FYI is an update of the FYI circulated by Morgan Lewis on October 17, 2008 reflecting additional informal guidance that we understand was provided by the SEC staff to the Managed Funds Association and other groups. To ensu... more
Outside Publications | Article
Ben Indek,
Michael Kraut,
Namita Mani
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Investment Management FYI
Investment Management Practice
The SEC staff recently issued a no-action letter permitting certain exchange-traded funds (Upper Funds) to meet their investment objectives by investing all or part of their assets in other exchange-traded funds (Underlying Fun... more
Outside Publications | Article
Christian Mixter
Presentation | Speech
Steven Stone
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Financial Crisis Impact and Analysis Alert
Investment Management Practice
As a follow-up to the emergency order it issued in September, the Securities and Exchange Commission (SEC) has issued an interim final rule requiring institutional investment managers to file Form SH to report their sho... more
LawFlash/Client Alert | Financial Crisis Impact and Analysis Alert
Investment Management Practice
As a follow up to the emergency order it issued in September, the Securities and Exchange Commission (SEC) has issued interim final rules imposing close-out requirements on short sales. The new rules take effec... more
Presentation | Speech
Jennifer Klass
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Financial Crisis Impact and Analysis Alert
Business and Finance Practice
The Emergency Economic Stabilization Act of 2008 (the “Act”) was signed into law by President Bush on October 3, 2008. Passage of the Act was the result of intense debate in both the U.S. Senate and the U.S. Ho... more
LawFlash/Client Alert | Investment Management FYI
Investment Management Practice
The Emergency Economic Stabilization Act of 2008 (Act) will directly impact investment management firms of all kinds, with the greatest impact on those firms managing accounts holding “troubled assets” eligible for purc... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Private Investment Funds LawFlash
Investment Management Practice
The fonds commun de placement à risques ( FCPR ) is the investment vehicle most commonly used in France for organizing a private equity fund. A specific type of FCPR, the FCPR allégé ( FCPR Allégémore
Outside Publications | Article
Steven Stone,
Monica Parry,
Dianne Sulzbach
Outside Publications | Article
Dianne Sulzbach
LawFlash/Client Alert | Investment Management FYI
Investment Management Practice
The past two weeks have seen a continuation or worsening of the market conditions that have challenged money market mutual funds (money funds), as well as their sponsors and advisers, over the past year. Among other things, the... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Securities Industry FYI
Investment Management and Securities Industry Practices
As the securities industry continues to wrestle with the emergency orders issued last week by the Securities and Exchange Commission (SEC), a number of interpretive questions have been raised. The SEC staff has... more
Presentation | Webcast
Georgette Schaefer,
Richard Zarin,
Jonathan Morris,
Louis Singer
Outside Publications | Article
Monica Parry
LawFlash/Client Alert | Securities Industry FYI
Investment Management and Securities Industry Practices
This FYI is an update of the FYI circulated by Morgan Lewis on Sunday, September 21, to reflect changes announced overnight by U.S. and foreign regulators. To ensure that our clients have the latest development... more
LawFlash/Client Alert | Securities Industry FYI
Investment Management and Securities Industry Practices
In the face of the current extraordinary market conditions, the Securities and Exchange Commission (SEC) has announced that it is exercising regulatory powers through the following temporary orders: (1) prohibi... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Investment Management FYI
Investment Management Practice
In light of Sunday’s announcement that the U.S. government is taking over (the Takeover) the operations of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), mon... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
Presentation | Webcast
Marianne Yudes,
Thomas Hogan,
Daniel Kleinman
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Investment Management FYI
Investment Management Practice
The Securities and Exchange Commission (the SEC) approved proposed guidance (the Proposed Guidance) on July 30 on the duties and responsibilities of investment company boards of directors for a fund adviser’s trading pr... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
Marketing Material | Brochure
Investment Management & Securities Industry Group
LawFlash/Client Alert | Investment Management FYI
Investment Management Practice
The U.S. Department of Labor's (DOL) Employee Benefits Security Administration and the U.S. Securities and Exchange Commission (SEC) have entered into a Memorandum of Understanding (MOU) on July 28, setting for... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Investment Management FYI
Investment Management Practice
On July 22, the Securities and Exchange Commission’s (SEC’s) Office of Compliance, Inspections, and Examinations (OCIE) issued a ComplianceAlert, the second in a planned series of periodic updates that will sum... more
LawFlash/Client Alert | Investment Management FYI
Investment Management Practice
As had long been expected, Securities and Exchange Commission (SEC) staff confirmed a few days ago that the SEC's cash solicitation rule, Rule 206(4)-3 (the Rule) under the Investment Advisers Act of 1940 (the ... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Securities Industry FYI
Securities Industry Practice
The SEC has issued an emergency order to deter naked short selling in the publicly traded securities of 19 specific financial services firms, including Fannie Mae and Freddie Mac (a list of the issuers is set forth belo... more
Presentation | Speech
W. McGuire
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Securities Industry FYI
Securities Industry Practice
In the light of responses to its 2007 consultation paper on the disclosure of Contracts for Differences (CP07/20), the United Kingdom’s Financial Services Authority (FSA) has decided to implement a general disc... more
LawFlash/Client Alert | Investment Management FYI
Investment Management Practice
The Securities and Exchange Commission (SEC) has proposed a rule which, if adopted, is expected to require all insurance companies issuing equity index annuities (EIAs) to register them as securities under the Securitie... more
Outside Publications | Article
Thomas Harman,
Dianne Sulzbach
LawFlash/Client Alert | Securities Industry FYI
Securities Industry Practice
The Securities and Exchange Commission (SEC) recently proposed substantial amendments to Rule 15a-6 under the Securities Exchange Act of 1934 (Exchange Act), which provides conditional exemptions from broker-de... more
Presentation | Speech
Georgette Schaefer
Presentation | Webcast
Shauna Sappington,
Mark Matthews,
Steven Stone
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
Presentation | Speech
Mark Fitterman,
Beth Kiesewetter,
Anne Flannery
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Investment Management FYI
Investment Management Practice
The U.S. Securities and Exchange Commission (SEC) recently proposed to require mutual funds to provide their risk/return summary information in interactive data format as an exhibit to their post-effective amen... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
Outside Publications | Article
Thomas Harman,
Dianne Sulzbach
Outside Publications | Article
Jennifer Klass,
Joshua Blackman
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Investment Management FYI
Investment Management
Recently, Congress enacted amendments to the Commodity Exchange Act (CEA) that grant the Commodity Futures Trading Commission (CFTC) extended authority to regulate over-the-counter foreign exchange (forex) tradin... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Investment Management FYI
Investment Management
The Seventh Circuit Court of Appeals recently cast some uncertainty over the long-standing factors that fund directors use to determine the proper level of an adviser’s fees as set forth in Gartenberg v. Merrill Lyn... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Securities Industry FYI
Securities Industry
FINRA has issued four proposals to consolidate existing NASD and NYSE rules into a single rulebook. Comments on the proposals are due to FINRA by June 13, 2008. The proposals are preliminary—they still must be ... more
Outside Publications | Article
Edward Hansen
Reprinted with permission of the authors and the Association of Corporate Counsel as it originally appeared: Carolyn Edgar, Marland Webb, and Ed Hansen, “Negotiating Complex technology and Outsourcing Relationshi... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Securities LawFlash
Ben Indek
For well over a year, SEC enforcement and examination officials have emphasized the staff’s focus on insider trading, particularly by securities industry professionals. This focus has proceeded largely on two f... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
Outside Publications | Article
Theodore Lazo,
John Ayanian
Presentation | Speech
Jennifer Klass
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
Presentation | Speech
Thomas Harman,
Marianne Yudes
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
Presentation | Speech
Steven Stone
Presentation | Speech
Steven Stone
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
Outside Publications | Article
W. McGuire,
Ryan Helmrich
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Securities Industry FYI
Securities Industry
On March 17, the U.S. Securities and Exchange Commission (SEC) issued its formal proposal to adopt an anti-fraud rule under the Securities Exchange Act of 1934 (Exchange Act). The rule would address failures to... more
Presentation | Speech
W. McGuire
Presentation | Speech
Jennifer Klass
Presentation | Speech
Christopher Menconi
LawFlash/Client Alert | Investment Management FYI
Investment Management
The Securities and Exchange Commission (SEC) has proposed amendments to Regulation S-P, which sets forth privacy obligations for entities it regulates. To help prevent and address security breaches and better p... more
LawFlash/Client Alert | Securities LawFlash
Litigation, Investment Management, and Business and Finance
Last Thursday, the SEC warned public pension funds and other unregistered investment advisers on the need for vigilance and adoption of policies and procedures to address potential insider trading issues. The s... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Investment Management FYI
Investment Management
On March 3, 2008, the Securities and Exchange Commission (SEC) published proposed amendments to Part 2 of Form ADV, the investment adviser registration form. The proposed amendments would replace the current “c... more
LawFlash/Client Alert | Investment Management FYI
Investment Management
At an open meeting on Tuesday, March 4, the Securities and Exchange Commission (SEC) voted unanimously to propose two new rules under the Investment Company Act of 1940 (Act) to permit exchange-traded funds (ETFs) to op... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Investment Management FYI
Investment Management
On Friday February 15, 2008, the U.S. Securities and Exchange Commission announced the launch of the "Financial Explorer" on the SEC website to help investors more easily analyze the financial results of public... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Investment Management FYI
Investment Management
At an open meeting yesterday, the Securities and Exchange Commission (SEC) voted unanimously to seek public comment on proposed amendments to Part 2 of Form ADV, the investment adviser registration form. The am... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Investment Management FYI
Investment Management
On Friday, February 1, 2008, the U.S. Securities and Exchange Commission issued what is expected to be the first of several notices relating to requests for exemptive relief necessary to create and operate acti... more
Presentation | Speech
Rebecca Leon
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Securities Industry FYI
Securities Industry
On January 10, the SEC’s Division of Trading and Markets issued a letter to the Securities Industry and Financial Markets Association (SIFMA) that extends no-action relief allowing broker-dealers to fully rely ... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Securities Industry FYI
Securities Industry
Today, FINRA issued Regulatory Notice 08-02, which informs member firms that FINRA has amended NYSE Rule 342.13 to eliminate the requirement that the General Securities Principal Examination (Series 24) be pass... more
Marketing Material | Survey
Business and Finance
Outside Publications | Article
Dianne Sulzbach
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Securities Industry FYI
Securities Industry
Last week, the Financial Industry Regulatory Authority (FINRA) issued guidance regarding the review and supervision of electronic communications. The guidance sets forth principles for member firms to consider ... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
Presentation | Speech
Ivan Harris,
Jennifer Klass,
Ethan Johnson,
Adrienne Ward
Presentation | Speech
Jennifer Klass
Presentation | Speech
Rebecca Leon
Presentation | Speech
Jennifer Klass
Presentation | Speech
Jennifer Klass
Presentation | Speech
Steven Stone
Outside Publications | Article
Jedd Wider
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Investment Management FYI
Investment Management
At an open meeting on November 28, 2007, the Securities and Exchange Commission (SEC) voted to adopt rule amendments relating to (1) electronic shareholder forums and (2) shareholder proposals on the election of directo... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Investment Management FYI
Investment Management
At an open meeting yesterday, the Securities and Exchange Commission (SEC) voted unanimously to seek public comments on proposed amendments to Form N-1A, the mutual fund registration form, and Rule 498 under the Securit... more
Presentation | Speech
Jennifer Klass
Presentation | Speech
Jennifer Klass
Presentation | Speech
Ivan Harris
Presentation | Speech
John Ayanian,
Monica Parry
Presentation | Speech
W. McGuire
Presentation | Speech
Robert Mendelson
Presentation | Speech
Ben Indek
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Broker-Dealer
LawFlash/Client Alert | Securities Industry FYI
Broker-Dealer Practice
On November 8, 2007, the Municipal Securities Rulemaking Board (MSRB) issued Notice 2007-32 with guidance pertaining to amendments to its supervision rule, Rule G-27. The Notice stated that the amendments, whic... more
Presentation | Speech
P. Georgia Bullitt
LawFlash/Client Alert | Investment Management FYI
Investment Management
On November 2, 2007, the SEC proposed a series of rule amendments regarding its Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system. The proposed rule amendments would require that new or amended ... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
Outside Publications | Article
Robert Mendelson
Outside Publications | Article
Thomas Harman,
Holly Hunter-Ceci,
Monica Parry
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
Presentation | Speech
John Ayanian
Presentation | Speech
Steven Stone
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
Presentation | Speech
Steven Stone
Presentation | Speech
P. Georgia Bullitt
Presentation | Speech
Ethan Johnson
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
Presentation | Speech
Dianne Sulzbach
Presentation | Speech
Dianne Sulzbach
Presentation | Speech
Timothy Levin
Presentation | Speech
Steven Stone
Presentation | Speech
Steven Stone
Presentation | Speech
John Ayanian
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
LawFlash/Client Alert | Securities Industry FYI
Securities Industry
At an open meeting yesterday, the Securities and Exchange Commission (SEC) addressed questions raised by the securities industry in the aftermath of Financial Planning Association v. SEC . As expected, ... more
LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management
Outside Publications | Article
Beth Kiesewetter
LawFlash/Client Alert | Investment Management FYI
Investment Management
On August 3, 2007, the SEC issued a series of proposed revisions to Regulation D. These proposals include changes to the definition of “accredited investor,” a new exemption from the registration requirements o... more
LawFlash/Client Alert | Investment Management FYI
Investment Management
On August 3, 2007, the SEC issued its release relating to the adoption of Rule 206(4)-8 under the Investment Advisers Act of 1940 (Advisers Act), which prohibits advisers to pooled investment vehicles from maki... more
LawFlash/Client Alert | Investment Management FYI
Investment Management
The SEC recently adopted amendments to the proxy rules under the Securities Exchange Act of 1934 (the Exchange Act), which enable shareholders to choose the means by which they access proxy materials and requir... more
LawFlash/Client Alert | Investment Management LawFlash
Investment Management
Investment company status cases are few and far between, and have generally been decided at the lower-court level. Recently, the Seventh Circuit visited the issue in SEC v. National Presto Industries (Prest... more
LawFlash/Client Alert | Securities Industry FYI
Securities Industry
Last week, NASD and NYSE (collectively, SROs) issued a joint request for comment on proposed Joint Guidance regarding the review and supervision of electronic communications. The proposed Joint Guidance sets fo... more
LawFlash/Client Alert | Securities Industry FYI
Securities Industry
On June 14, 2007, the SEC’s Office of Compliance, Inspections, and Examinations (OCIE) issued a ComplianceAlert, the first in what it has indicated will be a series of periodic updates that will summarize select areas t... more
Presentation | Speech
Steven Stone
Presentation | Speech
Steven Stone
Presentation | Speech
W. McGuire
Outside Publications